California, United States of America
The following excerpt is from People v. Rodriguez, 47 Cal.App.4th 424, 54 Cal.Rptr.2d 801 (Cal. App. 1996):
Accordingly, although we shall affirm the judgment, we shall remand the matter to the trial court so it may determine whether or not to exercise its limited discretion. (People v. Superior Court (Romero), supra, 13 Cal.4th 497, 528-533, 53 Cal.Rptr.2d 789, 917 P.2d 628.) If it decides not to exercise its limited discretion, the defendant need not be present and the imposed sentence shall remain in effect. However, if the trial court believes it would not be an abuse of its limited discretion to dismiss one or more "strikes" 3--and it wishes to do so--then the defendant must be present and a new sentence hearing conducted.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.